House File 2265 - Introduced



                                       HOUSE FILE       
                                       BY  SWAIM


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to smoking prohibitions in child care facilities
  2    and child care homes and making a penalty applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 6271HH 81
  5 pf/gg/14

PAG LIN



  1  1    Section 1.  Section 142B.1, subsection 3, Code 2005, is
  1  2 amended to read as follows:
  1  3    3.  "Public place" means any enclosed indoor area used by
  1  4 the general public or serving as a place of work containing
  1  5 two hundred fifty or more square feet of floor space,
  1  6 including, but not limited to, all restaurants with a seating
  1  7 capacity greater than fifty, all retail stores, lobbies and
  1  8 malls, offices, including waiting rooms, and other commercial
  1  9 establishments; public conveyances with departures, travel,
  1 10 and destination entirely within this state; educational
  1 11 facilities; hospitals, clinics, nursing homes, and other
  1 12 health care and medical facilities; and auditoriums,
  1 13 elevators, theaters, libraries, art museums, concert halls,
  1 14 indoor arenas, and meeting rooms.  "Public place includes a
  1 15 child care facility and a child care home as defined in
  1 16 section 237A.1.  "Public place" does not include a retail
  1 17 store at which fifty percent or more of the sales result from
  1 18 the sale of tobacco or tobacco products, the portion of a
  1 19 retail store where tobacco or tobacco products are sold, a
  1 20 private, enclosed office occupied exclusively by smokers even
  1 21 though the office may be visited by nonsmokers, a room used
  1 22 primarily as the residence of students or other persons at an
  1 23 educational facility, a sleeping room in a motel or hotel, or
  1 24 each resident's room in a health care facility.  The person in
  1 25 custody or control of the facility shall provide a sufficient
  1 26 number of rooms in which smoking is not permitted to
  1 27 accommodate all persons who desire such rooms.
  1 28    Sec. 2.  Section 142B.2, Code 2005, is amended by adding
  1 29 the following new subsection:
  1 30    NEW SUBSECTION.  5.  Notwithstanding any provision of this
  1 31 chapter to the contrary, smoking is prohibited in all areas of
  1 32 a child care facility or child care home.  However, if the
  1 33 child care facility or child care home is used as the
  1 34 residence of the child care provider, smoking is prohibited
  1 35 only in any area which may be used by the children receiving
  2  1 child care or to which the children receiving child care may
  2  2 be exposed.  For purposes of this subsection, "child care
  2  3 facility" and "child care home" mean the same as defined in
  2  4 section 237A.1.
  2  5    Sec. 3.  Section 237A.3A, subsection 5, Code 2005, is
  2  6 amended by striking the subsection.
  2  7                           EXPLANATION
  2  8    This bill adds to the definition of "public place" child
  2  9 care facilities and child care homes for the purposes of
  2 10 prohibiting smoking.  The bill provides that smoking is
  2 11 prohibited in all areas of child care facilities and child
  2 12 care homes.  However, if the child care facility or child care
  2 13 home is used as the residence of the child care provider,
  2 14 smoking is prohibited only in any area which may be used by
  2 15 the children receiving child care or to which the children
  2 16 receiving child care may be exposed.  The bill eliminates the
  2 17 current prohibition against smoking in child development homes
  2 18 only during the home's hours of operation in an area which may
  2 19 be used by the children receiving child care.
  2 20 LSB 6271HH 81
  2 21 pf:nh/gg/14